Federal
Fort Belknap Indian Community Water Rights Settlement Act of 2024
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118TH CONGRESS
2D SESSION
S. 1987
AN ACT
To provide for the settlement of the water rights claims
of the Fort Belknap Indian Community, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
2
† S 1987 ES
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Fort Belknap Indian
2
Community Water Rights Settlement Act of 2024’’.
3
SEC. 2. PURPOSES.
4
The purposes of this Act are—
5
(1) to achieve a fair, equitable, and final settle-
6
ment of claims to water rights in the State of Mon-
7
tana for—
8
(A) the Fort Belknap Indian Community
9
of the Fort Belknap Reservation of Montana;
10
and
11
(B) the United States, acting as trustee
12
for the Fort Belknap Indian Community and
13
allottees;
14
(2) to authorize, ratify, and confirm the water
15
rights compact entered into by the Fort Belknap In-
16
dian Community and the State, to the extent that
17
the Compact is consistent with this Act;
18
(3) to authorize and direct the Secretary—
19
(A) to execute the Compact; and
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(B) to take any other actions necessary to
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carry out the Compact in accordance with this
22
Act;
23
(4) to authorize funds necessary for the imple-
24
mentation of the Compact and this Act; and
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† S 1987 ES
(5) to authorize the exchange and transfer of
1
certain Federal and State land.
2
SEC. 3. DEFINITIONS.
3
In this Act:
4
(1) ALLOTTEE.—The term ‘‘allottee’’ means an
5
individual who holds a beneficial real property inter-
6
est in an allotment of Indian land that is—
7
(A) located within the Reservation; and
8
(B) held in trust by the United States.
9
(2) BLACKFEET TRIBE.—The term ‘‘Blackfeet
10
Tribe’’ means the Blackfeet Tribe of the Blackfeet
11
Indian Reservation of Montana.
12
(3) CERCLA.—The term ‘‘CERCLA’’ means the
13
Comprehensive Environmental Response, Compensa-
14
tion, and Liability Act of 1980 (42 U.S.C. 9601 et
15
seq.).
16
(4)
COMMISSIONER.—The
term
‘‘Commis-
17
sioner’’ means the Commissioner of Reclamation.
18
(5) COMPACT.—The term ‘‘Compact’’ means—
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(A) the Fort Belknap-Montana water
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rights compact dated April 16, 2001, as con-
21
tained in section 85–20–1001 of the Montana
22
Code Annotated (2021); and
23
(B) any appendix (including appendix
24
amendments), part, or amendment to the Com-
25
4
† S 1987 ES
pact that is executed to make the Compact con-
1
sistent with this Act.
2
(6) ENFORCEABILITY
DATE.—The term ‘‘en-
3
forceability date’’ means the date described in sec-
4
tion 11(f).
5
(7) FORT BELKNAP INDIAN COMMUNITY.—The
6
term ‘‘Fort Belknap Indian Community’’ means the
7
Gros Ventre and Assiniboine Tribes of the Fort
8
Belknap Reservation of Montana, a federally recog-
9
nized Indian Tribal entity included on the list pub-
10
lished by the Secretary pursuant to section 104(a)
11
of the Federally Recognized Indian Tribe List Act of
12
1994 (25 U.S.C. 5131(a)).
13
(8) FORT BELKNAP INDIAN COMMUNITY COUN-
14
CIL.—The term ‘‘Fort Belknap Indian Community
15
Council’’ means the governing body of the Fort
16
Belknap Indian Community.
17
(9)
FORT
BELKNAP
INDIAN
IRRIGATION
18
PROJECT.—
19
(A)
IN
GENERAL.—The
term
‘‘Fort
20
Belknap Indian Irrigation Project’’ means the
21
Federal Indian irrigation project constructed
22
and operated by the Bureau of Indian Affairs,
23
consisting of the Milk River unit, including—
24
(i) the Three Mile unit; and
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† S 1987 ES
(ii) the White Bear unit.
1
(B)
INCLUSIONS.—The
term
‘‘Fort
2
Belknap Indian Irrigation Project’’ includes any
3
addition to the Fort Belknap Indian Irrigation
4
Project constructed pursuant to this Act, in-
5
cluding expansion of the Fort Belknap Indian
6
Irrigation Project, the Pumping Plant, delivery
7
Pipe and Canal, the Fort Belknap Reservoir
8
and Dam, and the Peoples Creek Flood Protec-
9
tion Project.
10
(10) IMPLEMENTATION FUND.—The term ‘‘Im-
11
plementation Fund’’ means the Fort Belknap Indian
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Community Water Settlement Implementation Fund
13
established by section 13(a).
14
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
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has the meaning given the term in section 4 of the
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Indian Self-Determination and Education Assistance
17
Act (25 U.S.C. 5304).
18
(12) LAKE ELWELL.—The term ‘‘Lake Elwell’’
19
means the water impounded on the Marias River in
20
the State by Tiber Dam, a feature of the Lower
21
Marias Unit of the Pick-Sloan Missouri River Basin
22
Program authorized by section 9 of the Act of De-
23
cember 22, 1944 (commonly known as the ‘‘Flood
24
Control Act of 1944’’) (58 Stat. 891, chapter 665).
25
6
† S 1987 ES
(13) MALTA IRRIGATION DISTRICT.—The term
1
‘‘Malta Irrigation District’’ means the public cor-
2
poration—
3
(A) created on December 28, 1923, pursu-
4
ant to the laws of the State relating to irriga-
5
tion districts; and
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(B) headquartered in Malta, Montana.
7
(14) MILK
RIVER.—The term ‘‘Milk River’’
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means the mainstem of the Milk River and each
9
tributary of the Milk River between the headwaters
10
of the Milk River and the confluence of the Milk
11
River with the Missouri River, consisting of—
12
(A) Montana Water Court Basins 40F,
13
40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and
14
40O; and
15
(B) the portion of the Milk River and each
16
tributary of the Milk River that flows through
17
the Canadian Provinces of Alberta and Sas-
18
katchewan.
19
(15) MILK RIVER PROJECT.—
20
(A) IN GENERAL.—The term ‘‘Milk River
21
Project’’ means the Bureau of Reclamation
22
project conditionally approved by the Secretary
23
on March 14, 1903, pursuant to the Act of
24
June 17, 1902 (32 Stat. 388, chapter 1093),
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† S 1987 ES
commencing at Lake Sherburne Reservoir and
1
providing water to a point approximately 6
2
miles east of Nashua, Montana.
3
(B) INCLUSIONS.—The term ‘‘Milk River
4
Project’’ includes—
5
(i) the St. Mary Unit;
6
(ii) the Fresno Dam and Reservoir;
7
and
8
(iii) the Dodson pumping unit.
9
(16) MISSOURI RIVER BASIN.—The term ‘‘Mis-
10
souri River Basin’’ means the hydrologic basin of
11
the Missouri River, including tributaries.
12
(17) OPERATIONS
AND
MAINTENANCE.—The
13
term ‘‘operations and maintenance’’ means the Bu-
14
reau of Indian Affairs operations and maintenance
15
activities related to costs described in section
16
171.500 of title 25, Code of Federal Regulations (or
17
a successor regulation).
18
(18) OPERATIONS, MAINTENANCE, AND
RE-
19
PLACEMENT.—The term ‘‘operations, maintenance,
20
and replacement’’ means—
21
(A) any recurring or ongoing activity asso-
22
ciated with the day-to-day operation of a
23
project;
24
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† S 1987 ES
(B) any activity relating to scheduled or
1
unscheduled maintenance of a project; and
2
(C) any activity relating to repairing, re-
3
placing, or rehabilitating a feature of a project.
4
(19) PICK-SLOAN MISSOURI RIVER BASIN PRO-
5
GRAM.—The term ‘‘Pick-Sloan Missouri River Basin
6
Program’’ means the Pick-Sloan Missouri River
7
Basin Program (authorized by section 9 of the Act
8
of December 22, 1944 (commonly known as the
9
‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter
10
665)).
11
(20) PMM.—The term ‘‘PMM’’ means the
12
Principal Meridian, Montana.
13
(21) RESERVATION.—
14
(A) IN
GENERAL.—The term ‘‘Reserva-
15
tion’’ means the area of the Fort Belknap Res-
16
ervation in the State, as modified by this Act.
17
(B) INCLUSIONS.—The term ‘‘Reserva-
18
tion’’ includes—
19
(i) all land and interests in land es-
20
tablished by—
21
(I) the Agreement with the Gros
22
Ventre and Assiniboine Tribes of the
23
Fort Belknap Reservation, ratified by
24
the Act of May 1, 1888 (25 Stat. 113,
25
9
† S 1987 ES
chapter 212), as modified by the
1
Agreement with the Indians of the
2
Fort Belknap Reservation of October
3
9, 1895 (ratified by the Act of June
4
10, 1896) (29 Stat. 350, chapter
5
398);
6
(II) the Act of March 3, 1921
7
(41 Stat. 1355, chapter 135); and
8
(III) Public Law 94–114 (25
9
U.S.C. 5501 et seq.);
10
(ii) the land known as the ‘‘Hancock
11
lands’’ purchased by the Fort Belknap In-
12
dian Community pursuant to the Fort
13
Belknap Indian Community Council Reso-
14
lution No. 234–89 (October 2, 1989); and
15
(iii) all land transferred to the United
16
States to be held in trust for the benefit of
17
the Fort Belknap Indian Community under
18
section 6.
19
(22)
SECRETARY.—The
term
‘‘Secretary’’
20
means the Secretary of the Interior.
21
(23) ST. MARY UNIT.—
22
(A) IN
GENERAL.—The term ‘‘St. Mary
23
Unit’’ means the St. Mary Storage Unit of the
24
10
† S 1987 ES
Milk River Project authorized by Congress on
1
March 25, 1905.
2
(B) INCLUSIONS.—The term ‘‘St. Mary
3
Unit’’ includes—
4
(i) Sherburne Dam and Reservoir;
5
(ii) Swift Current Creek Dike;
6
(iii) Lower St. Mary Lake;
7
(iv) St. Mary Canal Diversion Dam;
8
and
9
(v) St. Mary Canal and appur-
10
tenances.
11
(24) STATE.—The term ‘‘State’’ means the
12
State of Montana.
13
(25) TRIBAL WATER CODE.—The term ‘‘Tribal
14
water code’’ means the Tribal water code enacted by
15
the Fort Belknap Indian Community pursuant to
16
section 5(g).
17
(26) TRIBAL WATER RIGHTS.—The term ‘‘Trib-
18
al water rights’’ means the water rights of the Fort
19
Belknap Indian Community, as described in Article
20
III of the Compact and this Act, including the allo-
21
cation of water to the Fort Belknap Indian Commu-
22
nity from Lake Elwell under section 7.
23
(27) TRUST FUND.—The term ‘‘Trust Fund’’
24
means the Aaniiih Nakoda Settlement Trust Fund
25
11
† S 1987 ES
established for the Fort Belknap Indian Community
1
under section 12(a).
2
SEC. 4. RATIFICATION OF COMPACT.
3
(a) RATIFICATION OF COMPACT.—
4
(1) IN GENERAL.—As modified by this Act, the
5
Compact is authorized, ratified, and confirmed.
6
(2) AMENDMENTS.—Any amendment to the
7
Compact is authorized, ratified, and confirmed to
8
the extent that the amendment is executed to make
9
the Compact consistent with this Act.
10
(b) EXECUTION.—
11
(1) IN GENERAL.—To the extent that the Com-
12
pact does not conflict with this Act, the Secretary
13
shall execute the Compact, including all appendices
14
to, or parts of, the Compact requiring the signature
15
of the Secretary.
16
(2) MODIFICATIONS.—Nothing in this Act pre-
17
cludes the Secretary from approving any modifica-
18
tion to an appendix to the Compact that is con-
19
sistent with this Act, to the extent that the modifica-
20
tion does not otherwise require congressional ap-
21
proval under section 2116 of the Revised Statutes
22
(25 U.S.C. 177) or any other applicable provision of
23
Federal law.
24
(c) ENVIRONMENTAL COMPLIANCE.—
25
12
† S 1987 ES
(1) IN GENERAL.—In implementing the Com-
1
pact and this Act, the Secretary shall comply with
2
all applicable provisions of—
3
(A) the Endangered Species Act of 1973
4
(16 U.S.C. 1531 et seq.);
5
(B) the National Environmental Policy Act
6
of 1969 (42 U.S.C. 4321 et seq.), including the
7
implementing regulations of that Act; and
8
(C) other applicable Federal environmental
9
laws and regulations.
10
(2) COMPLIANCE.—
11
(A) IN
GENERAL.—In implementing the
12
Compact and this Act, the Fort Belknap Indian
13
Community shall prepare any necessary envi-
14
ronmental documents, except for any environ-
15
mental documents required under section 8,
16
consistent with all applicable provisions of—
17
(i) the Endangered Species Act of
18
1973 (16 U.S.C. 1531 et seq.);
19
(ii) the National Environmental Policy
20
Act of 1969 (42 U.S.C. 4231 et seq.), in-
21
cluding the implementing regulations of
22
that Act; and
23
(iii) all other applicable Federal envi-
24
ronmental laws and regulations.
25
13
† S 1987 ES
(B)
AUTHORIZATIONS.—The
Secretary
1
shall—
2
(i) independently evaluate the docu-
3
mentation submitted under subparagraph
4
(A); and
5
(ii) be responsible for the accuracy,
6
scope, and contents of that documentation.
7
(3) EFFECT OF EXECUTION.—The execution of
8
the Compact by the Secretary under this section
9
shall not constitute a major Federal action for pur-
10
poses of the National Environmental Policy Act of
11
1969 (42 U.S.C. 4321 et seq.).
12
(4) COSTS.—Any costs associated with the per-
13
formance of the compliance activities described in
14
paragraph (2) shall be paid from funds deposited in
15
the Trust Fund, subject to the condition that any
16
costs associated with the performance of Federal ap-
17
proval or other review of such compliance work or
18
costs associated with inherently Federal functions
19
shall remain the responsibility of the Secretary.
20
SEC. 5. TRIBAL WATER RIGHTS.
21
(a) CONFIRMATION OF TRIBAL WATER RIGHTS.—
22
(1) IN GENERAL.—The Tribal water rights are
23
ratified, confirmed, and declared to be valid.
24
14
† S 1987 ES
(2) USE.—Any use of the Tribal water rights
1
shall be subject to the terms and conditions of the
2
Compact and this Act.
3
(3) CONFLICT.—In the event of a conflict be-
4
tween the Compact and this Act, this Act shall con-
5
trol.
6
(b) INTENT OF CONGRESS.—It is the intent of Con-
7
gress to provide to each allottee benefits that are equiva-
8
lent to, or exceed, the benefits the allottees possess on the
9
day before the date of enactment of this Act, taking into
10
consideration—
11
(1) the potential risks, cost, and time delay as-
12
sociated with litigation that would be resolved by the
13
Compact and this Act;
14
(2) the availability of funding under this Act
15
and from other sources;
16
(3) the availability of water from the Tribal
17
water rights; and
18
(4) the applicability of section 7 of the Act of
19
February 8, 1887 (24 Stat. 390, chapter 119; 25
20
U.S.C. 381), and this Act to protect the interests of
21
allottees.
22
(c) TRUST STATUS OF TRIBAL WATER RIGHTS.—
23
The Tribal water rights—
24
15
† S 1987 ES
(1) shall be held in trust by the United States
1
for the use and benefit of the Fort Belknap Indian
2
Community and allottees in accordance with this
3
Act; and
4
(2) shall not be subject to loss through non-use,
5
forfeiture, or abandonment.
6
(d) ALLOTTEES.—
7
(1) APPLICABILITY OF THE ACT OF FEBRUARY
8
8, 1887.—The provisions of section 7 of the Act of
9
February 8, 1887 (24 Stat. 390, chapter 119; 25
10
U.S.C. 381), relating to the use of water for irriga-
11
tion purposes, shall apply to the Tribal water rights.
12
(2) ENTITLEMENT
TO
WATER.—Any entitle-
13
ment to water of an allottee under Federal law shall
14
be satisfied from the Tribal water rights.
15
(3) ALLOCATIONS.—An allottee shall be entitled
16
to a just and equitable allocation of water for irriga-
17
tion purposes.
18
(4) CLAIMS.—
19
(A) EXHAUSTION OF REMEDIES.—Before
20
asserting any claim against the United States
21
under section 7 of the Act of February 8, 1887
22
(24 Stat. 390, chapter 119; 25 U.S.C. 381), or
23
any other applicable law, an allottee shall ex
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